Federal Acquisition Regulations (FAR) The Basics

1 Federal Acquisition Regulations (FAR) The BasicsJune 17, 2015 June 22, 2015 Page 2 WPI Offices located at:Milwaukee County Research Park10437 Innovation Drive, Suite 320 Milwaukee, WI 53226414-270-3600 FAX: 414-270-3610 Juneau County Economic Development Main St -Camp Douglas, WI 54618608-427-2455 FAX: 608-427-2086 Western DairylandEOC, Wisconsin St. -Eau Claire WI54703608-427-2455 FAX: 608-427-2086 Fox Valley Technical College DJ BordiniCenter5 Systems Drive Appleton WI 54912920-840-3771 FAX: 414-270-3610 Racine County Economic Development Corporation Launch Box141 Main Street, Suite 2, Racine, WI 53403414-270-3600 FAX: 414-270-3610 Madison Enterprise Center100 S. Baldwin St., Madison, WI 53703608-444-0047 FAX: 414-270-3610 Food Enterprise & Economic Development (FEED)1219 N. Sherman Ave.

2 , Madison, WI 53704608-444-0047 FAX: 414-270-3610 Wausau Region Chamber of Commerce200 Washington Street, Wausau, WI 54403 920-456-9990 FAX: 3 June 22, 2015 Page 4 What we will Cover TodayJune 22, 2015 Page 5 What is the FAR Where to Find the FAR Why You Need to Know the FAR How to Use the FARWhat is the FAR?June 22, 2015 Page 6 Federal Acquisition Regulations (FAR) is the primary regulation used by all Federal executive agencies in their Acquisition of supplies and services with appropriated funds. The FAR was established to codify uniform policies for Acquisition of supplies and services by Federal executive agencies. Currently using the March 2005 is the FAR?June 22, 2015 Page 7 FAR is routinely updated to implement new laws and executive orders. Updates are called Federal Acquisition Circulars (FAC). Latest change is FAC 2005-82, dated June 8, 2015.

3 Changes are published in the Federal Register. Where is the FAR?June 22, 2015 Page 8 Officially the FAR is located at the following website: HTML Format, PDF Format, Federal Acquisition Circulars (FAC), and Agency Supplemental Regulations An alternate site to locate the FAR is: Air Force military site also contains AgencySupplemental Regulations June 22, 2015 Page 9 June 22, 2015 Page 10 Hard Copy FARJune 22, 2015 Page 11 Can print a copy of the entire FAR from the website Wolters Kluwer Law & Business publishes updated soft cover version in January and July. Estimated cost $ Becomes outdated when next FAC is issued. Wolters Kluwer Law & Business also offers an FAR Learn About the FAR?June 22, 2015 Page 12 Understand what you are agreeing and committing to when you sign a Federal Government contract. FAR Clauses are non-negotiable.

4 However, you can become better prepared for negotiations with the Federal Government. Understand your responsibilities when responding to a solicitation. Understand your rights and responsibilities as a Federal Government Contractor. Knowledge is StructureJune 22, 2015 Page 13 FAR contains 53 Parts, the Matrix, and Appendix Parts 1 51 Actual Regulations divided into subchaptersGeneralCompetition and Acquisition PlanningContracting Methods and Contract TypesSocioeconomic ProgramsGeneral Contracting RequirementsSpecial Categories of ContractingContract Management FAR StructureJune 22, 2015 Page 14 Part 52 contains Solicitation Provisions and Contract Clauses Solicitations include both Contract Clauses and Provisions. At time of award most contracting officers remove the provision section of the solicitation. Final Contract includes the clauses but no provisions.

5 Part 53 contains Forms Matrix Provides guidance to contracting officers when writing documents Appendix Cost Accounting Standards How to Use the FARJune 22, 2015 Page 15 You do notneed to read the entire FAR. Read the sections that apply to you as outlined in the solicitation/contract. Use the Table of Contents or on-line search features to locate what you are looking for. FAR parts are Reserved when the Regulations change and that portion is no longer applicable. How to Use the FARJune 22, 2015 Page 16 Each FAR clause or provision starts with , followed by the name, and effective date. Such as Notice of Total Small Business Set-Aside (Nov 2011).The first __ provides which FAR Part is being can be used to quickly go to the Part of the FAR covered by the clause or second __ numbers provisions/clauses within the Part.

6 How to Use the FARJune 22, 2015 Page 17 Provisions/clauses can be in full text or referenced. Referenced provisions/clauses have same impact as full text ones. FAR Matrix indicates if provision/clause can be referenced. Final decision is with the Contracting Officer. Each provision/clause provides where in the FAR it is prescribed to use the provision/clause. The FAR states when the contracting officer shall use each provision/clause. Electronic version of the FAR contains hyperlinks to go between the provision/clause and when to use it. How to Use the FARJune 22, 2015 Page of Bids for Multiple Awards. As prescribed in (q), insert the following provision: Evaluation of Bids for Multiple Awards (Mar1990) In addition to other factors, bids will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards).

7 It is assumed, for the purpose of evaluating bids, that $500 would be the administrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed administrative costs. (End of provision) Agency SupplementsJune 22, 2015 Page 19 Agency Acquisition Regulations implement or supplement the FAR. Each Agency Supplement adds an additional number to the front of the reference number. There are 30 Agency Supplements. Agency Supplements follow the FAR basic format. DFAR Defense Federal Acquisition RegulationsGSAM General Services Acquisition RegulationsVAAR Department of Veterans Affairs Acquisition RegulationsAgency SupplementsJune 22, 2015 Page 20 Agency Regulations follow the structure and numbering system of the original FAR when supplementing the FAR.

8 FAR Brand Name or Equal VAAR Brand Name or Equal Agency Regulations add additional parts when adding information not found in the FAR. VAAR Nondiscrimination in Services Provided to BeneficiariesWhat is the most important part of the FAR?June 22, 2015 Page 21 Allof it. The most important part to you is the part that currently applies to the solicitation or contract you are looking at. Small Businesses should review and understand the Small Business Programs located in Part 19. Federal Supply Schedule Holders (GSA or VA) should review and understand Federal Supply Schedules located in Part Some Useful Parts of the FARJune 22, 2015 Page 22 Part 2 Definitions Part 22 Labor Laws Part 28 Bonds and Insurance Part 29 Taxes Part 33 Protests Part 36 Construction and Architect-Engineer Contracts Part 44 Subcontracting Policies and Procedures Part 49 -TerminationsFill in the BlanksJune 22, 2015 Page 23 Some clauses/provisions have blanks to fill in.

9 Blanks should be filled in by the Contracting Officer or the offeror/bidder depending on the clause/provision. Language within clause/provision may indicate who should complete the fill in either the Contracting Officer or the offeror/bidder. Contractor/OfferorFill in the BlankJune 22, 2015 Page of Performance (Oct1997)(a)The offeroror respondent, in the performance of any contract resulting from this solicitation, |_| intends, |_| does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeroror respondent as indicated in this proposal or response to request for information.(b)If the offeroror respondent checks intends in paragraph(a) of this provision, it shall insert in the following spaces the required information:_____ _____(End of provision)Contracting Officer Fill in the BlankJune 22, 2015 Page to Extend Services (Nov1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract.

10 These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6months. The Contracting Officer may exercise the option by written notice to the Contractor within _____ [insert the period of time within which the Contracting Officer may exercise the option]. (End of clause) AlternatesJune 22, 2015 Page 26 Provisions and clauses may have alternate paragraphs that changes the language and meaning of the provision or clause. Contracting Officer determines which version of the provision or clause to use. Small Business Program Representations (APR 2012) Small Business Program Representations (APR 2012)Alternate I (APR 2014)Clause DatesJune 22, 2015 Page 27 Dates on clauses are very important.